25 LC 55 0491S
The Senate Committee on Regulated Industries and Utilities offered the following
substitute to SB 94:
A BILL TO BE ENTITLED
AN ACT
To amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and1
public transportation, so as to reestablish a consumer utility counsel to represent consumers2
in matters before the Public Service Commission or other agencies concerning public3
utilities; to provide legislative findings; to provide definitions; to create the Office of the4
Consumers' Utility Counsel; to establish the position of director of such office; to provide5
for the appointment and compensation of the director; to provide reporting requirements of6
the director; to provide for the powers and duties of the director; to provide for notice and7
service requirements; to authorize the director to take depositions and conduct discovery; to8
authorize the director to employ certain personnel; to require that certain employees of the9
Public Service Commission be made available to assist the director; to provide for statutory10
construction; to provide for related matters; to repeal conflicting laws; and for other11
purposes.12
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13
SECTION 1.14
Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public15
transportation, is amended by revising Chapter 10, which is reserved, as follows:16
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"CHAPTER 1017
46-10-1.18
The General Assembly recognizes the importance of effective and economical public19
utilities to the economy of the State of Georgia. It is further recognized that the citizens20
of Georgia should receive adequate utility services at the lowest reasonable cost to the21
consumer while maintaining the ability of public utilities to furnish their products and22
services. It is further recognized that consumers should receive the benefit of technological23
advances. It is further recognized that the Public Service Commission has been established24
for the purpose of regulating public utilities and the rates which they charge the consumer25
and that the commission is responsible for representing the public interest. The General26
Assembly is aware, however, that the commission must be furnished with all available27
information concerning the effects of its decisions in rate cases and proceedings before it.28
It is the purpose of this chapter to ensure that the commission receives such information,29
particularly in those cases which directly involve the vast majority of Georgia's citizens.30
46-10-2.31
As used in this chapter, the term:32
(1) 'Consumer' means:33
(A) An individual user, primarily for personal, family, or household purposes, of the34
product or service of a public utility which is under the jurisdiction of the commission;35
or36
(B) Any sole proprietorship, partnership, corporation, or other entity which is a37
commercial user of the product or service of a public utility which is under the38
jurisdiction of the commission and which has ten or fewer employees and a net income39
after taxes of $100,000.00 per annum or less for federal income tax purposes.40
(2) 'Director' means the director of the office.41
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(3) 'Office' means the Office of the Consumers' Utility Counsel.42
46-10-3.43
There is created the Office of the Consumers' Utility Counsel, which shall be assigned to44
the Department of Law for administrative purposes only as provided in Code45
Section 50-4-3. There is created the position of director of the office. The director shall46
be appointed and removed by the Governor. The director shall be a practicing attorney47
qualified by knowledge and experience to practice in public utility proceedings. The48
director shall receive compensation in an amount to be determined by the Governor, but49
not to exceed the annual salary set for each district attorney in paragraph (21) of Code50
Section 45-7-4. In addition to such compensation, the director shall also receive51
reimbursement for his or her reasonable and necessary expenses incurred in the52
performance of his or her duties, as provided by law for state employees. The director shall53
not engage in the private practice of law while employed as director. The director shall,54
by December 31 of each year, submit a written report of the annual activities and55
expenditures of the office to the Governor, the Speaker of the House of Representatives,56
the President of the Senate, the chairperson of the House Committee on Energy, Utilities,57
and Telecommunications, and the chairperson of the Senate Regulated Industries and58
Utilities Committee.59
46-10-4.60
(a) The director shall be entitled to appear, as a party or otherwise, on behalf of the61
consumers of this state of services provided by any person, firm, or corporation subject to62
the jurisdiction of the commission in all proceedings before the commission which may63
involve or affect rates for service or services of utilities and in all other proceedings before64
the commission under its regulatory jurisdiction over utilities.65
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(b) The director may also appear in the same representative capacity as provided in66
subsection (a) of this Code section in similar administrative proceedings affecting the67
consumers of this state before any federal administrative agency or body which has68
regulatory jurisdiction over rates, services, and similar matters with respect to public utility69
services provided by any public utility doing business in this state.70
(c) The director shall be authorized in the same representative capacity as provided in71
subsection (a) of this Code section to initiate proceedings, by complaint or otherwise,72
before any federal or state administrative agency before which he or she is otherwise73
authorized to appear, with respect to matters properly within the cognizance of those74
agencies.75
(d) The director shall be authorized in the same representative capacity as provided in76
subsection (a) of this Code section to initiate or intervene as of right or otherwise appear77
in any judicial proceeding involving or arising out of any action taken by an administrative78
agency in a proceeding in which the director is authorized to appear under subsection (a),79
(b), or (c) of this Code section.80
46-10-5.81
(a) In addition to other requirements of service and notice imposed by law, a copy of any82
application, complaint, pleading, or notice filed with or issued by the commission83
concerning public utilities shall also be served on the director, and the director shall be84
notified of any other correspondence or paper filed with or issued by the commission or its85
staff concerning public utilities. The commission shall not proceed to hear or determine86
any petition, complaint, or proceeding in which the director is entitled to appear unless it87
shall affirmatively appear that the director was given at least ten days' written notice88
thereof, unless such notice is affirmatively waived in writing or the director appears and89
specifically waives such notice.90
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(b) The director is authorized to take depositions and obtain discovery of any matter which91
is not privileged and which is relevant to the subject matter involved in any proceeding or92
petition before the commission in the same manner and subject to the same procedures93
which would otherwise be applicable if such proceeding was then pending before a94
superior court. The superior courts and the judges and clerks thereof are authorized to95
issue all orders, injunctions, and subpoenas and to take all actions necessary to carry out96
this subsection.97
46-10-6.98
The director is authorized to employ such assistants as he or she may need and is99
authorized to employ or retain and fix the compensation of such consultants, expert100
witnesses, accountants, engineers, attorneys, investigators, stenographers, or other technical101
or clerical assistance, as may be necessary to carry out his or her duties; provided, however,102
that no such employment shall occur nor shall any contracts for payment of fees or103
expenses be paid for consultants, expert witnesses, accountants, engineers, attorneys,104
investigators, stenographers, or other technical or clerical assistance unless such105
employment or such contracts can be achieved using funds appropriated for such purposes. 106
The office shall keep suitable and proper records of all such expenditures. The107
compensation of the director and such staff shall be paid from state funds appropriated to108
the commission for the purpose of carrying out the provisions of this chapter.109
46-10-7.110
Services of all engineers, experts, accountants, and other technical assistants employed by111
the commission shall be made available to the director in the performance of his or her112
duties. Such engineers, experts, accountants, and technical assistants shall make such113
appraisals and audits as the director, with the approval of the commission, may request.114
The director and his or her staff shall have access to all records, files, reports, documents,115
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and other information in the possession or custody of the commission to the same extent116
as the members of the commission and its staff have access thereto and subject to the same117
limitations imposed on the use thereof by the members of the commission and its staff.118
46-10-8.119
This chapter shall not be construed to prevent any party interested in any proceeding or120
action before the commission, any court, or any administrative body from appearing in121
person or by counsel in such proceeding or action. Reserved."122
SECTION 2.123
All laws and parts of laws in conflict with this Act are repealed.124
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